Billerica man held without bail after 12th OUI arrest

AYER -- Describing a 62-year-old Billerica man facing his 12th drunken-driving charge as a "deadly menace," prosecutor Katherine Briggs said the only way to keep the public safe from Guy Patierno is to lock him up.

At a dangerousness hearing Friday, Ayer District Court Judge Michael Brooks agreed that there were no conditions of release that would ensure the public's safety. Brooks ordered Patierno, of 237 High St., held without bail for 90 days.

Briggs told the judge Patierno's driving record is "littered" with charges of operating after suspension.

On May 10, the day of Patierno's arrest, Boxboro police Sgt. Brett Pelley testified that Patierno, who has a lifetime license suspension for drunken driving, was intoxicated as he drove at 87 mph on Interstate 495 from Cape Cod to his home in Billerica.

After Patierno's arrest, police said they found five nips of whiskey and an open beer can in Patierno's Ford Econovan.

But during Friday's hearing, while defense attorney Joanne Daley conceded that Patierno has a lengthy record, she stressed that it was not a violent one. She said he has no record of assaults and his last drunken-driving conviction was seven years ago.

She argued that placing Patierno, a disabled Vietnam veteran with two Purple Hearts, on house arrest with a GPS and Sobrietor is a better option to keep him from drinking and driving than locking him up.

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Patierno pleaded not guilty Monday to operating under the influence of alcohol -- eighth offense, operating on a revoked license for OUI while intoxicated, operating with a revoked license (subsequent offense), operating to endanger, giving a false name to police, possession of a dangerous weapon (blackjack), resisting arrest, driving with a forged inspection sticker, having an open container of alcohol, speeding and failing to stay in marked lanes.

Patierno's 34-year record of drunken-driving convictions date to 1979. Although charged with operating under the influence -- eighth offense, Pelley said he counted 11 past drunken-driving arrests on Patierno's record, but he is unsure of the number of convictions.

Patierno's license was revoked for life by the Registry of Motor Vehicles in 2010.

During Friday's hearing, Pelley testified he was in an unmarked cruiser about 8:30 p.m. Friday on the ramp from Massachusetts Avenue onto I-495 when he saw the van speed past him at 87 mph in a 65-mph zone.

As Pelley followed the vehicle, the van appeared to weave between lanes, passing cars and changing lanes without signaling, he testified. When the van pulled over, Pelley approached the driver's-side door and was immediately struck by the odor of alcohol, he wrote in court documents. When Patierno was asked for his license, he rustled through some things in the van.

"He was all over the inside of the van ... and searching the pockets of pants," Pelley testified. But it was all for show, he said.

When Patierno was unable to produce a license, Pelley asked Patierno for his name and date of birth. Patierno allegedly gave the name Mike Patierno and a date of birth he wasn't sure about.

The license photo of Mike Patierno didn't match the driver, so the officer told Patierno this was his opportunity to be truthful, Pelley testified.

Patierno allegedly responded that he wouldn't lie because he is a Vietnam veteran. Patierno, who has a long white beard, explained that his appearance is difference because he was growing a beard to get a job as Santa Claus at a nearby mall.

After running that information through the police computer, Pelley told Patierno there was a warrant out of Lowell District Court for his arrest on charges of operating after suspension and an inspection-sticker violation.

Pelley testified Patierno denied there was a warrant for his arrest and became enraged that he was going to be arrested. Pelley refused to perform field-sobriety tests or to take a Breathalyzer test.

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